New Hampshire landlords who need to remove a tenant must understand the state’s eviction process and laws beforehand.
This guide breaks down each eviction stage clearly, highlights the key protections and requirements under New Hampshire landlord-tenant laws, and provides property owners with practical guidance on handling tough rental situations the right way.
How New Hampshire Law Defines Eviction
In New Hampshire, eviction refers to a formal legal action that allows a landlord to remove a tenant from a rental property through the court system. Landlords must follow strict steps, including proper notice and a court-approved order, to keep the process lawful.
Eviction laws and tenant protections appear in the New Hampshire Revised Statutes Annotated RSA Chapter 540, which governs eviction procedures, and RSA Chapter 540-A, which defines prohibited practices and tenant rights.
Eviction With Just Cause
In New Hampshire, “just cause” refers to a lawful reason for ending a tenancy.
Landlords in New Hampshire may evict tenants with just cause if the reason is valid under state law. Typical grounds include unpaid rent, substantial damage to the unit, repeated lease violations, or behavior that endangers others or the property.
For landlords and tenants alike, just cause provides structure and protection within the rental relationship. Landlords should keep detailed records of every issue, notice, and communication to support their case if the eviction reaches court.
Applicable law: RSA Chapter 540, RSA Chapter 540-A
No-Fault Evictions
In New Hampshire, landlords can end a fixed-term tenancy without just cause once the lease naturally expires. They have no obligation to renew the lease and may simply let it expire, provided they follow the notice terms outlined in the agreement.
For tenants on a New Hampshire month-to-month lease agreement, landlords can end the tenancy without cause by giving at least 30 days’ written notice before the next rental period begins. State law does not require landlords to explain why they are ending the agreement.
Applicable law: RSA Chapter 540
Grounds for Eviction in New Hampshire
Landlords in New Hampshire can evict tenants for several lawful reasons recognized by state law, including:
Non-Payment of Rent
In New Hampshire, rent is due on the date listed in the lease, and state law allows tenants a 7-day grace period to make payment before the landlord can take any further action.
If the tenant still fails to pay within that timeframe, the landlord can issue a 7-Day Notice to Pay Rent or Quit, giving the tenant 7 days to either pay the overdue balance or move out. This notice marks the official start of the eviction process and must follow all state notice requirements to remain valid.
Applicable laws: RSA 540:2, RSA 540:3
Lease Violations
A rental agreement defines the rules that guide the landlord-tenant relationship. When a tenant breaches those terms, landlords in New Hampshire have grounds to initiate an eviction. Common examples include throwing late-night parties that disturb neighbors, keeping an unauthorized pet in a no-pet unit, or subletting the apartment without written approval.
Every residential lease agreement exists to protect both parties. Landlords and tenants who understand and follow the agreement’s terms can avoid conflict and maintain a smoother rental experience.
Applicable laws: RSA 540:2, RSA 540:3
Illegal Use of the Premises
In New Hampshire, landlords can evict tenants who use a rental property for illegal purposes. These actions include selling illicit drugs, running an unlicensed gambling operation, committing online fraud, or hiding stolen property within the unit.
Criminal activity places both the property and other tenants at risk, so landlords have clear legal authority to act quickly when these situations arise. Taking immediate steps helps protect the rental’s safety, reputation, and long-term value.
Applicable laws: RSA 540:2, RSA 540:3
Tenant Actions that Threaten Health or Safety
In New Hampshire, landlords can evict tenants who create conditions that put others at risk. State law allows landlords to act when tenants damage the property, ignore health codes, or engage in behavior that threatens building safety or habitability.
Common examples of health and safety violations in New Hampshire include:
- Letting trash or food waste build up and attract pests.
- Tampering with smoke or carbon monoxide detectors.
- Creating unsafe or unsanitary conditions that affect other residents or shared spaces.
Landlords should document each violation and issue a written notice before filing for eviction. If the tenant’s actions create an immediate safety hazard, the landlord can take quicker legal action to protect the property and other tenants. To learn more about property standards, check out our guide to warranty of habitability in New Hampshire.
Applicable laws: RSA 540:2, RSA 540:3
Destruction or Neglect of the Rental Unit
In New Hampshire, landlords can evict tenants who cause severe damage to a rental property or allow it to deteriorate through neglect. State law treats intentional or careless damage as a breach of the lease, especially when the harm exceeds normal wear and tear.
Landlords should collect strong evidence to support the damage claim, including dated photos, repair invoices, inspection reports, and written statements from contractors or maintenance staff. Keeping this documentation organized helps build a transparent and credible case in court.
Applicable laws: RSA 540:2, RSA 540-A:3
Tenant is in a Month-to-Month Rental Contract
In New Hampshire, landlords can end a month-to-month rental agreement without giving a specific reason. To do so, they must provide at least 30 days’ written notice using a Notice to Quit before the start of the next rental period.
If the tenant does not move out by the end of that notice period, the landlord can file an eviction case in the local district court.
Applicable laws: RSA 540:2, RSA 540-A:3
Step-by-Step Eviction Process in New Hampshire
Landlords in New Hampshire must follow a precise legal process when removing a tenant from a rental property. The eviction process in New Hampshire outlines a series of precise steps that protect both the landlord’s investment and the tenant’s rights.
Here are the steps landlords must take:
1. Deliver Notice to the Tenant
The first step in the New Hampshire eviction process requires the landlord to identify the reason for eviction and serve the proper written notice. The notice type depends on the situation. If the issue can be corrected, the landlord must allow the tenant time to “cure” it within the notice period.
For severe or incurable violations, such as illegal activity or significant property damage, the landlord can proceed with an eviction filing after the notice period expires. New Hampshire law allows landlords to deliver the notice in person or by certified mail, provided proof of delivery is available.
Notice Forms & Timelines
- 7-Day Notice to Pay Rent or Quit: Used when a tenant fails to pay rent. The tenant has 7 days to pay the full balance or move out.
- 7-Day Notice to Quit for Lease Violation: Used when a tenant breaks the lease. This notice can apply to both curable and non-curable violations, depending on the situation.
- 30-Day Notice to Quit: Used to end a month-to-month tenancy without cause. The landlord must give at least 30 days’ written notice before the next rental period.
Applicable laws: RSA 540:2, RSA 540:3
2. File an Eviction Lawsuit Against the Tenant
When the notice period ends, or if the tenant fails to fix a curable violation, the landlord must file a Landlord and Tenant Writ with the New Hampshire Circuit Court, District Division where the rental property is located. This step officially starts the court process and notifies the tenant that an eviction case is underway.
The landlord will need to pay a filing fee that typically ranges from $125 to $175, depending on the court location. After the documents are filed, the court clerk will review the paperwork and set a date and time for the eviction hearing. Both the landlord and tenant will receive notice of the scheduled hearing.
Applicable law: RSA 540:13
3. Serve Court Summons Paperwork to the Tenant
Once the New Hampshire court clerk sets the eviction hearing date, the landlord will arrange for a sheriff or deputy sheriff to serve the Landlord and Tenant Writ and all other required eviction paperwork to the tenant. After delivery, the sheriff will complete a Return of Service form and file it with the court to confirm that service was completed properly.
After receiving the writ and summons, the tenant need not file a written response but must appear in court on the date listed in the notice. Both the landlord and tenant will be required to attend the hearing and present their case to the judge.
Applicable laws: RSA 540:13-d, RSA 540:13-e
4. Attend the Eviction Hearing
When the court date arrives, both the landlord and tenant (or their attorneys) will appear before a New Hampshire Circuit Court, District Division judge for the eviction hearing. Next, each side will present its case in full. The landlord will explain the reason for the eviction, while the tenant will have a chance to respond and share their own evidence or testimony.
During the hearing, the judge will review key materials, including the lease agreement, rent payment history, photos of the damage, and written communications between the parties. The judge may also request witness statements or additional documents to better understand the facts before making any decisions.
Applicable law: RSA 540:13-c
5. Court Reaches a Ruling
After reviewing the evidence and hearing both sides, the New Hampshire judge will decide on the eviction case. In most cases, the ruling will be issued at the hearing or within a few days, depending on the court’s schedule and the specifics of the case.
If the judge rules in favor of the tenant, the eviction will be dismissed, and the tenant will stay in the rental property.
Applicable laws: RSA 540:13-d, RSA 540:20
6. Judge Issues a Writ of Possession
If the judge rules in favor of the landlord, the court will issue a Writ of Possession. This document authorizes the landlord to take back the rental property legally and serves as the tenant’s final notice to move out before law enforcement gets involved.
The tenant will have 7 days from the date of judgment to voluntarily leave the property.
Applicable laws: RSA 540:13-d, RSA 540:14
7. Law Enforcement Executes the Writ of Possession
If the 7-day deadline passes and the tenant still has not moved out, the landlord will contact the county sheriff to enforce the Writ of Possession. In New Hampshire, only a sheriff or deputy sheriff (not the landlord) can carry out the physical eviction. Once completed, law enforcement will remove the tenant and return full possession of the rental property to the landlord.
New Hampshire law does not set specific rules for handling belongings left behind after an eviction. Because there are no statewide timelines or procedures, landlords may decide how to manage any remaining items. Allowing a short grace period for retrieval is often a practical and fair approach to prevent disputes.
Applicable law: RSA 540:14
Tenant Defense Against Eviction in New Hampshire
An eviction can carry serious consequences for tenants, from damaged credit to difficulty finding future housing or employment. Still, tenants in New Hampshire have the right to defend themselves and respond lawfully when facing eviction.
Tenants can often prevent eviction by staying proactive. Open communication with the landlord, written documentation of all notices, and quick action to correct lease violations can make a significant difference. In some cases, negotiating a repayment plan or agreeing to specific terms may help avoid a court filing altogether.
When the process feels too complex to manage on their own, tenants should consider seeking professional guidance. New Hampshire Legal Assistance (NHLA) offers free or low-cost legal help to tenants at risk of eviction.
Timelines to Expect
In New Hampshire, an eviction can be completed in 1 to 2 months, but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session, and other various possible delays.
Below are the parts of the New Hampshire eviction process that are outside landlords’ control for uncontested cases.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 7-30 Calendar Days |
| Court Issuing/Serving Summons | 3-21 Business Days |
| Tenant Response Period | ~3 Business Days |
| Court Ruling | 10 Business Days |
| Court Serving Writ of Possession | 5-7 Business Days |
| Final Notice Period | 24 Hours – 3 Months |
Flowchart of the New Hampshire Eviction Process
Typical Court Fees
The average cost of an eviction in New Hampshire for all filing, court, and service fees is $186. Eviction lawsuits are filed in the Circuit Court District Division where the dwelling unit is located.
| Fee | Circuit |
| Initial Court Filing | $125+ |
| Petition Service | $30 |
| Writ of Possession Service | $30 |
| Notice of Appeal Filing (Optional) | $225 |
| Document Copies (Optional) | $0.50/ea |
Handle the New Hampshire Eviction Process Confidently
Eviction can be a time-consuming and challenging process for landlords. Staying organized and following each legal step is essential. Property management software can make this easier by tracking rent payments, sending notices on time, and storing essential tenant documents.
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